UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
FORM
CURRENT REPORT
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Item 1.01 Entry into a Material Definitive Agreement.
As previously reported in our Current Report on Form 8-K filed with the Securities and Exchange Commission on March 20, 2024, on March 19, 2024, Allarity Therapeutics, Inc. (the “Company”), entered into an At-The-Market Issuance Sales Agreement (the “Agreement”) with Ascendiant Capital Markets, LLC (the “Agent”), pursuant to which the Company may offer and sell, from time to time, through the Agent, shares (the “Placement Shares”) of the Company’s common stock.
On May 17, 2024, the parties to the Agreement entered into a First Comprehensive Amendment to the Agreement (the “Amendment”). The amount of the Placement Shares that may be sold under and pursuant to the terms of the Amendment was increased to $30 million.
The foregoing descriptions of the Amendment are qualified in their entirety by reference to the full text of such Amendment, a copy of which is attached hereto as Exhibits 10.1, and is incorporated herein in its entirety by reference.
Item 7.01 Regulation FD Disclosure.
On May 20, 2024, the Company, issued a press release announcing that it had received formal written notice from The Nasdaq Stock Market, LLC, confirming that the Company has regained compliance with the minimum stockholders’ equity requirement as set forth in Listing Rule 5550(b)(1).
A copy of the press release is furnished as Exhibit 99.1 to this Current Report on Form 8-K.
Item 9.01 Financial Statements and Exhibits.
(d) Exhibits.
| Exhibit No. | Description | |
| 10.1 | First Comprehensive Amendment to At-The-Market Issuance Sales Agreement, dated May 17, 2024 | |
| 99.1 | Press Release, dated May 20, 2024 | |
| 104 | Cover Page Interactive Data File (embedded within the Inline XBRL document) |
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SIGNATURES
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
| Allarity Therapeutics, Inc. | ||
| By: | /s/ Thomas H. Jensen | |
| Thomas H. Jensen | ||
| Chief Executive Officer | ||
| Dated: May 21, 2024 | ||
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